SANJIV KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 31.01.2009 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No.165-DB of 2006, whereby the appeal of the appellant has been dismissed and his conviction under Sec. 304B/34, Indian Penal Code (IPC) has been maintained. However, the High Court reduced his sentence from life imprisonment to 14 years rigorous imprisonment.

(2.) The facts of the case are that on 14.4.2000 Sher Singh (PW-3) had performed the marriage of Kiran Bala with accused Sanjiv Kumar-appellant herein, son of Ajmer Singh, resident of Dera Bassi. After sometime, the in-laws of Kiran Bala started ill treating her, stating that she had brought less dowry at the time of marriage. About 1-1/2 years after the marriage, Kiran Bala gave birth to a male child. When she went back from the house of her father Sher Singh she was given gifts as per the custom. After about 4/5 months of sending her back after the birth of the male child, Kiran Bala wrote a letter to her parents that all the members of the family and relatives of her husband were taunting her for getting less dowry. In her letter she said that her husband and her in-laws were demanding one car or Rs.1.5 lakh. About 4-5 days before the incident Sher Singh's son Ravinder Kumar had gone to Dera Bassi to bring Kiran Bala back. In the presence of his maternal uncle Dayal, Sanjiv Kumar demanded Rs.50,000.00 so that he could marry his sister which was to take place on 22.11.2002. He further stated that it is only when the amount is paid, he would allow Kiran Bala to go to her parents' house. Ravinder Kumar came back and told everything to his father and mother. On 28.10.2002 at 2.30 a.m., Sher Singh's brother-in-law Puran Chand resident of Dera Bassi sent a telephonic message that Kiran Bala had been burnt and killed by her in laws on 27.10.2002 at about 11.30 p.m. Sher Singh along with his two sons Ravinder Kumar, Satish Kumar and Shiv Lal and Vinod Kumar went from Karnal to Dera Bassi. When they reached the house of Kiran Bala, they came to know that kerosene oil had been sprinkled on her by her husband Sanjiv Kumar, her father- in-law Ajmer Singh, her mother-in-law Amar Kaur @ Amro, her sister-in-law Sanjana and Rosy and maternal uncle Dayal. She was burnt to death. On the basis of this statement, FIR. Ex.PA/3 was recorded on 28.10.2002 at 6.40 a.m. at police station Dera Bassi.

(3.) The police party visited the spot. A can of plastic and one half burnt match box and ash were taken into possession through recovery Memos Ex.PA and PB. Ornaments of the dead body were taken in possession through recovery memo Ex.PC. Site plan Ex-PF was prepared. Inquest report Ex.PH was also prepared. The post mortem of the dead body Ex.PG was conducted. Accused persons were arrested. After the completion of investigation, only three of the accused, namely, Sanjiv Kumar, his mother Amar Kaur and father Ajmer Singh were challaned under Sec. 304B/34 IPC. All the accused were charge-sheeted for offence under Sec. 304B read with Sec. 34 Penal Code and also alternatively charged for offence under Sec. 302 read with Sec. 34 IPC. All accused abjured the guilt and claimed trial.